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Tag: #misdemeanor

Felony Criminal Defense in Northern Kentucky

Posted on April 11, 2017 in Federal Crimes in Northern KY General Criminal Law Issues - Northern KY

If you are charged with a felony crime, you are wise to hire an attorney to represent you throughout the process.  As a practicing attorney for 22 years in Northern Kentucky, the best advise is to “lawyer up” as soon as possible. ANY statement to the police or other investigating agency can and will be used against you.  The best meaning desire to be compliant with the officer will often lead to either an actual or allegation of a confession.

If you have been charged or are the subject of investigation, schedule an appointment to meet with an experienced criminal defense attorney. As an attorney in Kenton, Campbell and Boone practicing criminal defense for well over 20 years, I have represented clients charged with almost every criminal classification in the Kentucky statutes.  This includes the entire Kentucky penal code, driving and DUI laws, as well as all drug statutes.

Whether you are wanted for questioning, have been cited, charged or are under indictment, you should know your rights prior to any proceeding.  How you proceed depends greatly on your ability to determine your situation and the possible outcomes.  If you have the right to remain silent, it is often in your best interest to do so.  If you have a plea date, that could mean that your attorney has scheduled you for a plea or it could the the last date the Judge will entertain a negotiated plea, after which you should be prepared for trial.  Whether or not you accept ANY plea or choose to take  your case to trial should be your decision, after you have the facts and knowledge and advice of competent legal counsel.

For representation in Cincinnati and Northern Kentucky, call Michael Bouldin at 581-MIKE, 859-581-6453 or email mike@bouldinlawfirm.com.

Can I Have Legal Marijuana in Kentucky?

Posted on September 6, 2016 in General Criminal Law Issues - Northern KY

Kentucky law still considers marijuana to be illegal.  It is not available for prescription in Kentucky, therefore it is considered to have no health care benefit and is still illegal.

The case has not been taken up on appeal when an individual has a valid prescription for marijuana from another state and is in possession of marijuana pursuant to said prescription. It is important to note that Kentucky law does not provide an exception for possession by having a prescription.  Therefore, this is a question without a definitive answer at this point.  The safest and only sure bet, is to not possess marijuana in Kentucky.  If you have a prescription and believe that it is necessary to possess it in Kentucky, you should keep a copy of your prescription and keep the medication (marijuana) in it’s proper container. Note: It is also illegal to possess any prescription or controlled substance in anything other than it’s original container.

It is more definitive that you are not allowed to purchase marijuana in another state and bring it to Kentucky.  For example, Colorado has a law which allows small amounts of marijuana without a prescription. If you purchase marijuana in Colorado, you are still not allowed to transport it to or possess it in the Commonwealth of Kentucky.  IT IS ILLEGAL TO POSSESS MARIJUANA in KENTUCKY, regardless of where purchased.

If you have been charged with any crime in Kentucky you should employ the services of an experienced criminal defense attorney.  For consultation in Northern Kentucky, call Bouldin Law Firm and discuss with Michael Bouldin.  You may schedule an appointment by calling Emily, Michael’s paralegal.  Call 859-581-6453 (581-MIKE) or email at mwbouldin2@gmail.com.

Domestic Violence and Assault

Posted on June 26, 2016 in General Criminal Law Issues - Northern KY

If you are charged with assault/domestic violence in Kentucky, you may have a civil EPO/DVO hearing, a criminal assault charge, or both.

Having practiced criminal defense in Northern Kentucky for over 20 years, people charged are often confused with the legal charges, the legal process and what is pending.  An experienced attorney will use the internet, specifically CourtNet in Kentucky, to check all current, pending as well as past charges on a client.

For example, if there is a protective order or domestic violence hearing, they often have a trial within 14 days of service.  This is considered a civil hearing, however there are consequences to a permanent domestic violence order (DVO) being entered.  If a DVO is entered, the Respondent is not permitted to own, possess or handle any firearms.  While not criminal, it does show up on a police record whenever they run your name, license information or address.

The criminal assault charge can result in up to 12 months of incarceration and $500 fine.  Often, a condition of probation may be to enroll and complete a alcohol treatment program, drug/alcohol evaluation and/or anger management.  Anger Management programs can continue on a weekly basis for up to one year and the defendant must pay, attend and complete or face significant jail time.

Prior convictions or even charges can have a significant impact on plea negotiations, trial strategy as well as sentencing.  Knowing the history is a key to ensuring a good deal.

If you have been charged with assault and/or domestic violence, you should hire an attorney to defend your rights.  For consultation in Kentucky or Cincinnati, call Michael Bouldin at 859-581-MIKE or email at mwbouldin2@gmail.com.  Call 859-581-6453.  

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Speeding Citation in Kentucky

Posted on June 23, 2016 in General Criminal Law Issues - Northern KY

If you received a speeding citation or other traffic ticket traveling in or through Kentucky, you may be able to handle the case with an attorney and avoid appearance in court. Even if your citation requires court appearance, an attorney can generally appear on behalf of the defendant and waive his or her appearance.

If you intend to enter a guilty plea, most district courts in Kentucky require it to be written if the defendant is not in attendance. This protects the court, attorneys as well as the defendant so that the rights are secured and clearly explained.  There are times when you can pay the citation without an appearance – your citation will advise of those rights – however, payment is an admission of guilt which can often affect points, license and insurance.  Some result in license suspension in your home state.

There are times when a charged may be amended (for example, speeding 18 miles over the limit may be amended to 15 over on a limited access highway.  This is a 3 point violation instead of 6 for speeding over 15.  Others may be amended to 10 over on L/A highway, a zero (0) point violation and is generally not reported to the driver’s home state).  An attorney not only might be able to prevent physical appearance in court, but may save you points on your license and additional insurance premiums.

An overview of the Kentucky point system is available by following this LINK.

If you have been charged with any license or traffic violation in the Commonwealth of Kentucky, contact a local attorney.  For consultation, email mike@bouldinlawfirm.com or call Bouldin Law Firm at 859-581-6453 (859-581-MIKE).

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Traffic Ticket In Kentucky

Posted on June 22, 2016 in General Criminal Law Issues - Northern KY

If you received a traffic ticket or citation while traveling in or through Kentucky, you may be able to handle the case with an attorney and avoid appearance in court. Even if your citation requires court appearance, an attorney can generally appear on behalf of the defendant and waive his or her appearance.

If you intend to enter a guilty plea, most district courts in Kentucky require it to be written if the defendant is not in attendance. This protects the court, attorneys as well as the defendant so that the rights are secured and clearly explained.  There are times when a charged may be amended (for example, speeding 18 miles over the limit is a 6 point violation which is often amended to 15 over on a limited access highway; this is a 3 point violation.  Others may be amended to 10 over on L/A highway, a zero (0) point violation which is generally not reported to the driver’s home state).  An attorney not only might be able to prevent physical appearance in court, but may save you points on your license and additional insurance premiums.

If you have been charged with any license or traffic violation in Kentucky, contact a local attorney.  For consultation, email mike@bouldinlawfirm.com or call Bouldin Law Firm at 859-581-6453 (859-581-MIKE).

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AI at CVG

Posted on May 19, 2016 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

If you have been arrested for public intoxication, or alcohol intoxication, at Greater Cincinnati Airport, you may need to hire an attorney.  Often the arrest citation will allow for prepayment of fines and court costs in lieu of appearance at court.  This is a bad idea.  Prepayment is a GUILTY plea.  The arrest and conviction will become part of your permanent criminal records.  Alternatively, you may be able to avoid conviction either through trial or pretrial diversion.

An experienced attorney can aid a client through the diversion process.  Unfortunately, you will spend more in costs as well as legal fees and may be subject to community service, but you will not have a conviction and can generally expunge your case in 60 – 120 days.  If you are convicted, you cannot expunge the conviction for at least 5 years in Kentucky.  This may affect your future travel out of the country as well as limit some employment opportunities.

Another option is to take the case to trial.  The statute (KRS 222.202) for Alcohol Intoxication states: “A person is guilty of alcohol intoxication when he appears in a public place manifestly under the influence of alcohol to the degree that he may endanger himself or other persons or property, or unreasonably annoy persons in his vicinity.”  It is not enough to simply be intoxicated, you must be a danger to yourself or others. If you have the resources to fight, an experienced criminal defense attorney may be able to help you gain an acquittal by taking the case to trial.

If you have been arrested in Northern Kentucky, at CVG or elsewhere, contact Michael Bouldin at mwbouldin2@gmail.com or call 859-581-6453 (581-MIKE) for consultation.  If you live out of town, out of state, or out of the country, I may be able to appear in court on your behalf.  Call for a consultation.

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What is Felony Theft in Kentucky?

Posted on January 10, 2016 in Uncategorized

Felony theft in Kentucky is any theft where the value of the items stolen is over $500.  Felony theft is generally a class D felony, which is punishable by up to 1-5 years in prison.  If the value exceeds $10,000, the theft may be charged as a class C felony.  Also, theft is not to be confused with Robbery.

Pursuant to KRS 515.030 Robbery in the second degree. (1) A person is guilty of robbery in the second degree when, in the course of committing theft, he uses or threatens the immediate use of physical force upon another person with intent to accomplish the theft. (2) Robbery in the second degree is a Class C felony. Robbery does not require a certain value of the item stolen to be considered a felony.

Class C felonies carry penalties from 5-10 years in prison in addition to financial penalties and court costs.

Theft under $500 is generally a misdemeanor in Kentucky.  A misdemeanor can carry up to 12 months in jail and up to $500 fine in addition to court costs.  While these are possibilities, it is unusual for this punishment, especially if charged as a first offense.  Guns, violence, robbery or burglary greatly enhance the penalties and potential therefore.  Some misdemeanors are eligible for probation, mediation or diversion.  An attorney can help you get the best deal possible for your charges and based on the facts of your case.

If you have been charged with misdemeanor or felony theft in Kentucky, you will undoubtedly be best served by hiring an atorney.  For consultation in Northern Kentucky, call Bouldin Law Firm and schedule an appointment to speak to Michael Bouldin.  Call 581-MIKE or email at mwbouldin2@gmail.com . Call 859-581-6453 and speak to Mike or Emily to schedule a consultation. 

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How Do I Expunge Misdemeanors?

Posted on October 12, 2015 in General Criminal Law Issues - Northern KY

It is possible to expunge many misdemeanors in Kentucky.  The law allows for dismissals and acquittals to be expunged 60 days after the final entry.  If there is a conviction, the case cannot be expunged until 5 years after conviction, or 5 years after the termination of any term of probation or conditionally discharged time.  This may extend the waiting period to 6 or 7 years, since probated time is typically for a 2 year term.

KRS 431. 076, 431.078 and 431.079 provides for expungement.  The form for expungement of a conviction can be found at this link.  The form for expungement of an acquittal or dismissal can be found at this link.  This is a starting point.  In order to expunge most charges, you also need to request a criminal history.  There is a fee to obtain this document from the Administrative Office of the Courts, and additional fee to have the document proofed and checked off by the Kentucky State Police.  This is another necessary step to expunge most cases.

Special care should be given to assure that all agencies are notified in order to completely remove and expunge the case.  If left blank, most county clerks will expunge the case record from their system.  This leaves out expungement by Kentucky State Police, FBI, NCIC, AOC, county prosecutor, detention center, online systems such as JailTracker and Mugshots and the arresting/citing agency such as state, county or city police.  If the case was charged originally as a felony, there is also the Commonwealth’s attorney and both district and circuit court which should be notified.

Often, it is worth the additional money to pay an attorney to file for the expungement.  An experienced criminal defense attorney will assure that all appropriate agencies are notified, the paperwork is filed correctly and the procedures are followed. Some counties also require court appearance.  For example, in Boone County the attorney may also appear on your behalf to assure the expungement is finalized and processed.

If you have questions about your eligibility to expunge a criminal charge or approximate costs involved, contact an attorney.  For help in Northern Kentucky, call Michael Bouldin at 859-581-6453 or email at mwbouldin@fuse.net.

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Arrested or Cited on July 4th Weekend?

Posted on July 6, 2015 in DUI General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

If you were arrested or cited for a crime or violation on this July 4th weekend, you are not alone.  Statistics show that the July 4th holiday is the heaviest drinking day of the year.  Liquor and beer sales are at an annual high during this time of year and particularly for the Independence holiday.

Arrests for DUI, alcohol intoxication (AI), public intoxication and OVI are all commonplace during this weekend.  Boating DUI’s also rise significantly with the large number of people on lakes and rivers, often boating one of the few times each year.  Many people think they are immune from prosecution or simply do not think about DUI charge and arrest when operating a boat, yet the penalties for boating are the same or similar to the penalties for operating a motor vehicle while under the influence of drugs or alcohol.  Many times neighboring states even have concurrent jurisdiction in prosecuting boating DUIs.

Other common charges during the Independence Day celebration may include: noise violations, illegal fireworks and child endangerment.  Many times the use of fireworks or noise may lead to a complaint, that may be handled without a citation or arrest.  If so, consider yourself lucky and attempt to comply.  If you were not so lucky, consider your options before heading to court.

If you have been charged with ANY crime, you need to hire an experienced criminal and DUI defense attorney.  For a consultation in Cincinnati or Northern Kentucky, contact the Bouldin Law Firm and speak to Michael Bouldin.  Call 859-581-6453 (581-MIKE) or email at mwbouldin2@gmail.com.

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NKy Criminal Attorney on AVVO

Posted on April 15, 2015 in DUI General Criminal Law Issues - Northern KY

As a criminal defense attorney in Northern Kentucky, I look for a number of online places for potential clients to find me and my website.

Avvo - Rate your Lawyer. Get Free Legal Advice.

I have been using AVVO for about 5 years and have answered hundreds of questions for both potential clients as well as those simply needing guidance.  I do not believe that the law should be a cloud of secrecy that a defendant cannot comprehend.  Knowledge is king and I like to help clients be advised of the law and what may happen in their particular case.

If you have been charged with a crime in Nrothern Kentucky, call my office for a consultation.  You can contact Bouldin Law Firm at mike@bouldinlawfirm.com or call 859-581-MIKE; 859-581-6453.

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